China seeks UN resolution to suspend ICC Darfur indictments

July 11, 2008 (WASHINGTON) – The Chinese government is informally working on a resolution to defer the upcoming indictments by the International Criminal Court (ICC) against Sudanese officials, a UN diplomat told Sudan Tribune today.

Chinese Permanent Representative to the United Nations Guangya Wang listens to speakers during a meeting of the Security Council at the United Nations July 11, 2008 in New York City (AFP)

The diplomat who spoke on condition of anonymity said that Beijing wants to invoke a rule within the ICC statue that enables the UN Security Council (UNSC) to defer prosecutions for a period of 12 months.

“I don’t see any prospects for such a resolution, at least for now” the UN diplomat said.

China is considered as close ally to Khartoum. Beijing had been blamed for preventing the UNSC from taking concrete measures against Khartoum. It is also accused of providing weapons to the Sudanese army. China has important oil investment in Sudan.

It is not clear how far the Chinese are willing to push such a resolution ahead of the Beijing Olympics labeled by many Darfur activists as the ‘Genocide Olympics’.

Many world activists in US and Europe called on their heads of state to boycott the opening ceremony to press the Chinese on stopping its support of Khartoum.

Yesterday the Washington Post quoted unidentified UN officials and diplomats as saying that the ICC prosecutor Luis Moreno-Ocampo would ask the judges for an arrest warrant against the Sudanese president Omar Hassan Al-Bashir next week for genocide and crimes against humanity.

The Associated Press quoting similar sources today said that similar charges will be brought against Sudan’s 2nd Vice President Ali Osman Taha.

The Chinese envoy at the UN Wang Guangya told reporters at the UN headquarters said he does not think the indictments are helpful.

“There is a lot of concern. Certainly I think impunity is part of the solution for Sudan problems but I think there are more important problems” the Chinese envoy said.

“I believe we should have a balanced constructive approach to all elements of the Sudan problems. The [ICC] announcement might have serious negative implications on other pillars of Sudan peace process” he added.

Guangya appearing tense, was speaking after vetoing a sanctions resolution on Zimbabwe, and hinted that the UNSC must suspend the indictments.

“There are elements in the [Rome] statute. It depends on the Council; I believe that the Council members have to take up this responsibility” the Chinese envoy said.

Article 16 of the Rome Statue considered to be the bible of the ICC states that “no investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions”.

Two sources familiar with diplomatic discussions of the prosecutor’s plans over past weeks told Reuters that China fears the security and diplomatic fallout, especially if Al-Bashir is named.

In private talks with other U.N. Security Council permanent member states, Chinese diplomats warned the arrest move would "vastly complicate" struggling peace efforts in Darfur and could prompt Bashir to choke off all cooperation and embolden rebel groups to resist negotiations, said one of the sources.

"China believes this will make political dialogue on Darfur so much more difficult" said the other source, who said he had discussed the issue with diplomats involved.

"The Olympic Games haven’t entered into China’s consultations, but the timing is very bad".

If the ICC prosecutor was going to seek fresh arrests, China preferred he was "pragmatic" and targeted lesser officials, the two sources said. Both spoke on condition of anonymity, citing the official sensitivity about the issue.

China is not a signatory of the Rome Statue that forms the basis of the ICC and has abstained from voting on resolution 1593 referring crimes in Darfur to the world court in March 2005.

The Chinese abstention drew criticism from Sudanese officials including presidential assistant Nafi Ali Nafi who questioned “why China has not used the veto power to protect its friends”.

The Sudanese second Vice President Ali Osman Mohamed Taha told Sudan’s cabinet he had Chinese assurances that resolution 1593 would not be passed, a source close to the presidency told Reuters on December 17 2005.

"He was confident it would not get through and told them not to worry," he said. Their abstention rather than a veto embarrassed Taha within the government, the presidency source said.

The judges of the ICC already issued their first arrest warrants for suspects accused of war crimes in Sudan’s Darfur region in May 2007.

The warrants were issued for Ahmed Haroun, state minister for humanitarian affairs, and militia commander Ali Mohamed Ali Abdel-Rahman, also know as Ali Kushayb. But Khartoum has refused to hand the two men over.

Sudan has not ratified the Rome Statue, but the UN Security Council triggered the provisions under the Statue that enables it to refer situations in non-State parties to the world court if it deems that it is a threat to international peace and security.

(ST)

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The Sudan Tribune editorial team.

12 July 2008 04:37, by Sam

great news too. Mr.Ali Osman Taha is one always doubt as responsible for all assassinations of leaders in the entire country of Sudan. He is good to go too.

Bravo!
Gwango Wang I pray that you sink together with your Bashir and other UN diplomats who are against the Southern Sudanese. The Sudanese have been denied but our great God will give us justice. I am offering you one last opportunity "It is wise to make friendship with the onwer of the House/Home than the visitor" Since you have interest in the Oil, my offer is change policies, the oil belong to the Southern Sudanese whom you hate their guts.
You might share Hell with the Lucifer/Satan!

great news too. Mr.Ali Osman Taha is one always doubt as responsible for all assassinations of leaders in the entire country of Sudan. He is good to go too.
Mr. Ali Osman Taha has been a fears factor to all good leaders of Sudan. Good leaders cann’t performs their best lead because they fear of becoming victims of the assassination which is one ilegal force doubt to had been conducted by Mr. Ali Osman Taha of NCP. He is not only theart to oppositions, but also to all other Arab leaders who seem to acknowledge right of people beside in the lower class upto middle class in the whole country of Sudan. He is a perfect person to face court punishment together with Mr. Beshir.

The chinese are never serious about what the possition as a member of United Nations Security Council means to the republic of China and the world at large. We have never seen such an Egoism of defending a criminal just for the sake of oil-relationship.

Do the republic of China think their oil_business is more important than the lives of the Sudanese?

Guangya Wang has made an irresponsible and selfish decision and announce it without embarassment!
He must resign.

i have worked in sudan for two years now and to be honest am sick and tired of watching the chinese fund this so called GOS or Janjaweed Govt with weapons just for the sake of oil and they dare talk to blocking this descision to help the sudanese poeple
The poeple are dying u chinese bruce lee shit and its all cause of poeple like you MR GAUNGAY WANG it will catch with u laiter you mark my words.
there is enough evidence to link also the chinese and the GOS for this war crimes.
let the president be arested so that he can face the music

CHINA IS NOT OUR CONCERN TO LET THE JUSTICE GO THROUGH, LET THE WORLD KNOW THAT CHINESE FIRM HAD BEEN RECENTLY ASKED BY SUDAN GOVERNMENT TO EXPLORE OIL IN DARFUR, HOW COULD YOU THINK THAT THE WILL SUPPORT INDICTMENT OF BASHIR FOR THE CRIMES HE COMMITTED? AND TO MY SUPRISE IF BASHIR IS NOT INDICTED DUE TO SPECULATION OF INSECURITY IT WILL SHOW TO THE WORLD THAT JUSTICE CAN NOT BE DONE TO THOSE HAVING POWER AT THEIR HAND, AND INJUSTICE WILL BE DONE AT THE GREATEST LEVEL ACROSS THE WORLD AND UN OFFICE SHOULD BE CLOSED WORLD WIDE AND ALL DONORS SHOULD BE INFORM THAT UN IS JUST SYMBOLIC FIGURE AND NOT REAL BODY THAT CAN DEFEND HUMANITY AS IT MEANT TO BE UNLESS INDICTMENT GO THROUGH AND BASHIR IS BROUGHT TO JUSTICE OR UN SHOULD LEAVE EVEN SOUTH SUDAN AND WE SUDANESE SHOULD DEALT WITH OUR OWN BASTARD BASHIR TO REMOVE HIM AND FACE OUR OLD KNIFE IN SUDAN

China’s intention is obviously clear to international community. It is also clear that big ciminals were going to protect younger ones and that’s what happened.

ICC should also indicted the Chines leaders for their genocides they are peepetrating in Tibet and Mymmar (Burma).

Justice must prevail no matter how big or huge you are you must come under law and not above it.

Darfurians, Tibetans, Mymmaris and Chines people have suffered enough, however, the international community should not leave perpetrators get away with their crimes.

Dear ICC prosecutor please, go after these NIF criminals as well as Chines genocidal leaders. They are killing innocent people and misusing Veto power only to protect themselves and their allied criminals.

Chinese intention in whole African continent is driven by oil businesses that are enriching china every single day, as acknowledged by most of commentators on this website!!

According to me, china is nothing better tha just an emerging threatening power that will be very dangerous to the coexisting of the people of the earth, specially the people of the third world countries.

Chinese’s oil companies in Sudan are directly responsible for the atrocities committed against Sudanese people in Darfur and southern Sudan, given to the fact that china has been the main supplier of the military equipment(arms) to Sudanese army, thus, the main focus of the world today should be directed toward china evil deeds or activities in the third world countries so as to safe those from the evil deeds of the cancerous china ! too, we should stop dealing with the evil china after the regime change in Sudan I suggest!

CHINESE THINKS THEY ARE ACTING RIGHT ACCORDING TO THIER INTEREST BY SUPPORTING BASHIR BUT THEY MUST KNOW THAT THE OIL THEY WANT IS NOT OWN BY BASHIR AND HIS BLIND GREEDY FOLLOWERS, BUT BY THE CITIZENS.

BASHIR WILL DIE SOON AND THE LAND, OIL WILL BE OWN BY PEACE LOVING HUMBLE CITIZENS OF SUDAN.

TIME IS COMING WHEN CHINA WILL HAVE TO LOOK ELSEWHERE FOR THE OIL.

THEY WILL BE KICKS OUT BECAUSE THEY DOES NOT SUPPORT ANY HUMAN RIGHTS BUT THEIR BELLY.

I USE TO ADMIRE CHINESE AS GREAT WISE PEOPLE OF EASTERN WORLD BUT THIER CURRENT COMMUNIST OFFICIALS ARE GOING TO FAR.

I LOVE PEACE THAT I SEE IN THE BUDHA TEACHING, BUT THIS NOT THE CASE WITH GREEDY TODAY COMMUNIST GANGS.

Good news to the down-trodden people of Sudan! The latest indictments were triggered by the fact that Sudan had refused to surrender the first indictees to ICC. The criterion used by the ICC chief prosecutor Luis Moreno-Ocampo to arrive at whom to accuse next was identifying who was maintaining Ali Kushayb and Haroun(indictees) in position to commit attrocities in Darfur.His efforts are not fruitless for he has identified the seemingly unbwogable two-Bashir and Taha. But it appears there is a big cheese in the UNSC trying to block the undertaking of the prosecutor.This person is trying to maintain Bashir and Taha in position to maintain Ali Kushayb and Haroun in position to commit crimes in Darfur. This Chinese Wang-Bashir must be removed first if the warrants are to succeed. I hope the Chinese government is going to be incriminated after their junior-Bashir.

Let it be known by the Chinese that the oil with which they are being hushed is from Darfur and South Sudan. They should side with the owners if their preference is the oil. We all know the problems that will come with the execution of the warrants but is it expedient that the people of Darfur die? On a rather different note I am asking the ICC to leave behind one of these two to carry on with the implementation of our CPA and DPAs otherwise your move will prove a curse for the people of Sudan. You will come back later for him when we have used him.

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